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SR 1929 No. 57 Regulations as made
These Regulations amend the Joint Electoral (Commonwealth and South Australia) Regulations 1921.
Gazetted 30 May 1929
Date of repeal 28 Oct 1983
Repealed by Joint Electoral (Commonwealth and South Australia) Regulations (Repeal)

STATUTORY RULES.

1929. No. 57.

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REGULATIONS RELATING TO JOINT ELECTORAL ROLLS IN THE STATE OF SOUTH AUSTRALIA.

WHEREAS pursuant to the Commonwealth Electoral Act and the Electoral Acts of the State of South Australia, the Governor-General of the Commonwealth of Australia has entered into an arrangement with the Governor of the said State for the preparation, alteration, and revision jointly of Commonwealth Electoral Rolls and State House of Assembly Electoral Rolls in the said State:

And whereas Regulations for the purpose of carrying the said arrangement into effect have been made by the Governor-General and the Governor-in-Council of the said State:

And whereas, it is desirable to amend the said Regulations:

Now, therefore, I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby make the following Regulations under the Commonwealth Electoral Act 1918-1929, to the intent that they shall have force in relation to the Joint Rolls to be prepared and kept in the State of South Australia in pursuance of the said recited arrangement:

And I, the Governor of the State of South Australia, acting with the advice of the State Executive Council, do hereby make the following Regulations under the Electoral Acts 1908 to 1925 of the said State to the intent that they shall have full force in relation to the Joint Rolls to be prepared and kept in the State of South Australia in pursuance of the said recited arrangement.

Dated the twenty-fifth day of April, One thousand nine hundred and twenty-nine.

(Sgd.) STONEHAVEN

Governor-General

By Command of His Excellency the Governor-General,

C. L. A. ABBOTT

Minister of State for Home Affairs.

_____

At the Executive Council Office, at Adelaide, in the State of South Australia, this fifteenth day of May, One thousand nine hundred and twenty-nine, the following Members of the Executive Council being present, namely:—

His Excellency the Governor.

The Honorable the Chief Secretary, Minister of Mines and Minister of Marine.

The Honorable the Commissioner of Public Works and Minister of Education.

And the Honorable the Attorney-General of the State of South Australia is to give the directions herein necessary to be given in the interests of the said State accordingly.

H. BLINMAN,

Clerk of the Council.

386.—Price 8d.


amendment of joint electoral (commonwealth and south Australia) regulations.

(Statutory Rules 1921, No. 32.)

Commencement.

1. These Regulations shall come into operation on the fifteenth day of May, 1929, but the Chief Electoral Officer for the Commonwealth and the Returning Officer for the State may permit the continuance of the use of Forms 2, 3, 17 and 18 prescribed by the Joint Electoral (Commonwealth, and South Australia) Regulations 1921 for such time, after the commencement of these Regulations as they consider desirable.

Short title.

2. The Joint Electoral (Commonwealth and South Australia) Regulations 1921, as amended from time to time may be cited as the Joint Electoral (Commonwealth and South Australia) Regulations.

Change of electors from one roll to another.

3. Regulation 16 of the Joint Electoral (Commonwealth and South Australia) Regulations 1921 is amended by omitting, sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) In the following cases notice of the change shall be given by notice in the Commonwealth Gazette and the Government Gazette (South Australia) and in some newspaper circulating in the part affected:—

(a) when a Subdivision is abolished, and all electors whose names are on the roll for that Subdivision are changed to another Subdivision roll; or

(b) when by reason of the alteration of the boundaries of a Division, or of an Assembly District, any Subdivision is changed from one Division or Assembly District to another Division or Assembly District, and all the names of electors which are on the Subdivision roll for the first-mentioned Division or Assembly District are changed to a Subdivision roll for the last-mentioned Division or Assembly District; or

(c) when in consequence of a proclamation for the preparation of new rolls or action thereunder (other than action by an elector), the enrolment of any electors is changed to a Subdivision or Division or Assembly District which differs in name from the Subdivision or Division or Assembly District for which they were enrolled prior to the proclamation, and, in the opinion of the Officers charged with the preparation of the new rolls, a reasonably effective notice, generally applicable to all electors in a Subdivision whose enrolments have been changed, can be so given.

“(3.) In any case to which the last preceding sub-regulation does not apply, notice of the change shall be sent by post to each elector concerned, and may be in accordance with Form 10.”


Amendment of Schedule.

4. The Schedule to the Joint Electoral (Commonwealth and South Australia) Regulations 1921 is amended by omitting Forms 2, 3, 10, 17 and 18 and inserting in their stead the following Forms:—

 

 

[Front of Form.]

“Form 2.

 

Commonwealth of Australia and

State of South Australia

ELECTORAL CLAIM. Form 2.

 

Surname...........................................................................

Christian Names...............................................................................................................

(in full)

Place of Living ................................................................................................................

(Give full address)

Occupation........................................................................................... Sex........................

Particulars for Enrolment.

The following particulars relating to claimant will not appear on the Roll, but must be stated on this card:—

Date and Year  Place of          Former

of Birth............. Birth............. Surname*...............

* See Instruction (f) on other side.

To the Electoral Registrar for the Subdivision of...............................

Division of.....................and State Assembly District of......,........

1.—I am an inhabitant of Australia. 2.—I have lived in Australia for six months continuously, and in South Australia for at least three months.† 3.—I am a natural-born or naturalized subject of the King, am not under the age of 21 years, and am not disqualified for enrolment as a Commonwealth and a State Assembly elector.

† See Instruction (b) on other side.

4.—I now live and have lived in the above-named Subdivision for a period of not less than one month immediately preceding the date of this Claim.

5.—My name is at present enrolled for the...............Subdivision in the State of................in respect of the following address in that Subdivision, namely;—....................................................

...............................................

6.—I hereby claim enrolment as an elector of the Commonwealth and of the State Assembly, or either, as the case requires, to which I am entitled pursuant to this Claim.

I declare that the whole of the statements made in this Claim are true to the best of my knowledge and belief.

Personal Signature…………………………………….Date……….. /…………. /…………….. 19.......

of Claimant

I, the undersigned, am an elector or a person qualified to be an elector of the Commonwealth or the State Assembly, and I certify that I have seen the above-named claimant sign the above claim, and that I either know the statements contained in the claim, to be true or have satisfied myself by inquiry of the claimant or otherwise that the said statements are true (Penalty, under Commonwealth Electoral Act, on witness for failure to fully comply with this requirement—£50.).

Personal Signature of Witness............................................................................................................

(In own handwriting)

Occupation.......................................... Place of Living......................................................................

_______

[Back of Form.]

Form to be used in respect of both the Commonwealth and the State Assembly, or either by a qualified person, (a) when claiming enrolment or transfer of enrolment, or (b) whom notifying a change of address within this same subdivision or applying for the correction of any particulars of an existing enrolment.

Note.— The claimant should see that he receives an acknowledgment of this claim in due course.

Before filling in, or witnessing, this claim, carefully read instructions on other side.


 

Instructions to be Observed When Filling in Particulars on the Other Side of This Claim.

(a) Place of Living.— Full address, including name and street number (if any), of habitation must be inserted.

(b) If Claimant has not lived in South Australia for at least three months he must strike out the words in italics in paragraphs 2 and 3.

(c) if Claimant is an aboriginal native of Australia, Asia, Africa, or the islands of the Pacific (except New Zealand), and is qualified for State enrolment, but is disqualified for Commonwealth enrolment, he must strike out the words “Commonwealth and a” in paragraph 3.

(d) Paragraph 5 should be struck out if claimant is not already enrolled.

(e) Personal Signature of Claimant.— The signature of the Claimant must be his personal signature. If unable to sign his name in his own handwriting, he may make his mark as his signature, but such signature must be made in the presence of the person who signs as witness.

(f) Former Surname is to be filled in only in the case of a married woman who has changed her name by marriage since her last enrolment.

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Instruction TO Person Witnessing Electoral claim.

(i) The person witnessing on electoral claim must, be an elector, or a person qualified to be an elector, of the Commonwealth or the States Assembly.

(ii) A person shall not sign his name, as witness—

(a) on any blank electoral claim; or

(b) on any electoral claim which has been wholly or partly filled up unless it has been signed by the person intended to sign it; or

(c) on any electoral claim unless he has been the person, whose signature he purports to witness, sign it.

 

 
(iii) A person shall not write an any electoral claim as his own name (a) the name of another person or (b) any name not being his own name.

This space to be filled in by Electoral Registrar—

Re ’d(date).................................................Reg’d (date)..............................................

Ack’d (date)..................................................Initials.......................................................

N.B.— An elector may only have his name placed upon the Roll far the Subdivision in which he lives. A map and description of the boundaries of the Subdivision may be inspected at, and Electoral Forms for public use may be obtained from, any post office.

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Form 3.

[FRONT of Form.]

Regulation 9 (1).

COMMONWEALTH OF AUSTRALIA AND STATE OF SOUTH AUSTRALIA.

The Commonwealth Electoral Act, The Electoral Acts, South Australia.

Acknowledgment of Receipt of Electoral Claim.

To the elector whose name appears on the back hereof.

Your electoral claim (a)/communication (a) dated ..........................has been received and pursuant thereto, your enrolment for the..................Subdivision of the Commonwealth Division (b) of.................and State Assembly District (o) of..................has been effected or adjusted as required.

points for elector to remember

1. You should bear in mind the name of the Subdivision, Division, and State Assembly District for which you are enrolled and retain this acknowledgment as evidence of your enrolment.

2. Voting at Commonwealth Elections and Referendum is compulsory.

3. If you change your place of living from the address, in the Subdivision for which you are enrolled to another address in the same Subdivision you should, within 21 days after making such change, notify the Electoral Registrar for the Subdivision, of your new address, in the prescribed form.*


4. If you change your place of living to any other Subdivision you should, after you have lived in that Subdivision for a period, of one month, send or deliver to the Electoral Registrar for the Subdivision a claim for transfer of enrolment, in the prescribed form within 21 days after the expiration of that period.

Failure to comply with paragraphs 2, 3, or 4 above will render you unable under the provisions of the Commonwealth Electoral Act to a penalty not exceeding £2 (Two pounds).

* Obtainable at any Post Office.

Electoral Registrar for the above-named Subdivision.

Date—                                      Address

Note to Elector. —An elector who is only temporarily absent from his place of living, although the period of such absence may exceed one month, is not thereby deemed to have changed his place of living, for the purpose of transfer of enrolment or change of address on the Roll.

Directions to Registrar.—

(a) The Registrar will strike out the words “electoral claim” or the word “communication” as the case requires;

(b) If the elector’s enrolment relates to the State only, the Registrar will strike out the words “Commonwealth Division of.........................and”;

(c) If the elector's enrolment relates to the Commonwealth only, the Registrar will strike out the words “and State Assembly District of.........................”

[Back of Form.]

O.H.M.S.

–––––––––

Post Free.

COMMONWEALTH ELECTORAL

paper only.

To

M......................................

...........................................

..........................................................

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form 10.

Regulation 16.

COMMONWEALTH OF AUSTRALIA. STATE OF SOUTH AUSTRALIA.

The Commonwealth Electoral Act. The Electoral Acts, South Australia.

notification of change of enrolment consequent upon alteration of boundaries of divisions, assembly districts,  or subdivisions.

To.......................................

You are hereby informed that in accordance with the provisions of Section 28 of this Commonwealth Electoral Act and Section 19 of the Electoral Code Further Amendment Act 1920 (South Australia) your name has been removed from the Roll for the..........................Subdivision of the Commonwealth Electoral Division of.........................and the State Assembly District of.........................and has been placed on the Roll for the...........................Subdivision of the Commonwealth Electoral Division of.....................and this State Assembly District of....................

Electoral Registrar, for the Subdivision of—

or

Commonwealth Electoral, Officer for the State

State Returning Officer

(as the case requires)

Address—

Dated the                                 day of                                     19


Form 17.

[Front of Form.]

Regulation 27.

COMMONWEALTH OF AUSTRALIA. STATE OF SOUTH AUSTRALIA.

The Commonwealth Electoral Act. The Electoral Acts, South Australia.

Notice of Objection to Person objected to on the Ground of Non-Residence.

 To the person objected to, whose name and address appear on the back hereof:

Notice is hereby given that an objection has been lodged with me by [here insert the name and description of the objector] objecting to your name being retained on the Electoral Roll for the Subdivision of [here insert name of Subdivision] of the Commonwealth Electoral Division of [here insert name of Division] and the State Assembly District of [here insert name of District], on the ground that you do not live in the Subdivision and have not so lived for at least one month last past.

You are entitled at any time within twenty days from the posting of this notice, to answer the objection either orally or in writing.

If you intend to answer the objection orally you should attend at my Office at [here insert address of office], between the hours of 9 a.m. and 4.30 p.m. on any day other than a Saturday, or between the hours of 9 a.m. and 12 noon on a Saturday, before the expiration of twenty days from the posting of this notice.

If you claim that your place of living is still in the Subdivision, and you do not desire to attend at my office for the purpose of answering this objection orally, you should with the least delay, but before the expiration of twenty days from the posting of this notice—

(a) complete, personally sign, and date the reply at the foot hereof in the presence of a witness; and

(b) fold the notice so that the address “Commonwealth Divisional Returning Officer for the Division, of        ” shall be visible, and send or deliver the notice to me with reply attached.

If you have ceased to live in the subdivision as alleged you need not reply to this objection.

If you answer the objection, notice of the decision on the objection will be sent to you.

If you fail to answer the objection within twenty days from the posting of this notice, the objection will be determined, and your name may be struck off the Roll, but no notice of the decision on the objection will be sent to you.

Divisional Returning Officer for the Division of—

Postal Address—

Dated the                         day of                                      19        .

Note.— If the objection is lodged in respect of Commonwealth enrolment only, the words “and the State Assembly District of                     ” should be struck out. If the objection is lodged in respect of House of Assembly enrolment only, the words “Commonwealth Electoral Division of and the” should be struck out.

…………………………………………………………………………………………………..

Reply.

(To be completed only if the elector claims that his place of living is still in the Subdivision,)

1. I am the elector whose enrolment is objected to in this notice.

2. My place of living is still in the Subdivision of [here insert name of Subdivision], for which I retain my qualification for enrolment.

Personal Signature of elector—

[To be made in presence of witness.]

Address in Subdivision—

Witness to Signature—

(Being an elector or person qualified to be an elector.)

Occupation—

Place of Living—

Dated the                     day of                                     19 .


[Back of Form.]

Commonwealth Electoral                                                          Post Free.

Papers Only.

M

[Here insert full Christian names and surname, occupation, and place of abode for the time being, if known to the Divisional Returning Officer, or, if not so known, place of living as appearing on Roll.]

Signature and Address of Sender—

Divisional Returning Officer for the  

Division of—

______

Commonwealth Electoral                                                                                             Post Free.

Papers Only.

The Commonwealth Divisional Returning Officer

for the Division of

Postal Address

Signature and Address of Sender

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Form 18.

Regulation 28.

[Front of Form.]

COMMONWEALTH OF AUSTRALIA. STATE OF SOUTH AUSTRALIA.

The Commonwealth Electoral Act. The Electoral Acts, South Australia.

Notice of Objection to Person objected to on a Ground other than that of Non-residence.

To the person objected to, whose name and address appear on the back hereof: Notice is hereby given that an objection has been lodged with me by [here insert the name and description of the objector] objecting to your name being retained on the Electoral Roll for the Subdivision, of [here insert name of Subdivision] of the Commonwealth Electoral Division of [here insert name of Division] and the State Assembly District of [here insert name of District] on the following grounds, namely:—[Here insert grounds of objection.]

………………………………………………………………………………………………………………………………………………………………………………………………………………………

You are entitled at any time within twenty days from the posting of this notice, to answer the objection either orally or in writing.

If you intend to answer the objection orally you should attend at my Office at [here insert address of office] between the hours of 9 a.m. and 4.30 p.m. on any day other than a Saturday, or between the hours of 9 a.m. and 12 noon on a Saturday, before the expiration of twenty days from the posting of this notice.

If you claim that you are qualified for the enrolment objected to, and do not desire to attend at my office for the purpose of answering this objection orally, you should with the least delay, but before the expiration of twenty days from the posting of this notice—

(a) complete, personally sign, and date the reply at the foot hereof in the presence of a witness; and

(b) fold the notice so that the address “Commonwealth Divisional Returning Officer for the Division of             ” shall be visible, and send or deliver the notice to me with reply attached.

If you are not qualified for the enrolment objected to, you need not reply to this objection.

If you answer the objection, notice of the decision on the objection will be sent to you.


If you fail to answer this objection within twenty days from the posting of this notice, this objection will be determined, and your name may be struck off the Roll, but no notice of the decision on the objection will be sent to you.

Divisional Returning Officer for the Division of—

Postal Address—

Dated the                                 day of                                     19        .

Note.— If the objection is lodged in respect of Commonwealth enrolment only, the words “and the State Assembly District of                    ” should be struck out. If the objection is lodged in respect of Home of Assembly enrolment only, the words “Commonwealth Electoral Division of                     and the” should be struck out.

…………………………………………………………………………………………………………..

Reply.

(To be completed only if the elector claims that he is qualified for the enrolment objected to.)

I am the elector whose enrolment is objected to in this notice, and I claim that I am qualified for such enrolment.

My reasons for so claiming are as follow:—

[Here set forth reasons, relied upon as an answer to the objection.]

Personal Signature of Elector—

(To be made in presence of witness.)

Address in Subdivision—

Witness to Signature—

(Being an elector or person qualified to be an elector.)

Occupation—

Place of Living—

Dated the                                                 day of                                     19

[Back of Form.]

Commonwealth Electoral                              Post Free.

Papers Only.

M

[Here insert full Christian names and surname, occupation, and place of abode for the time being, if known to the Divisional Returning Officer, or, if that so known, place of living as appearing on Roll.]

Signature and Address of Sender—

Divisional Returning Officer the

Division of—

_____

Commonwealth Electoral                                                                                             Post Free.

Papers Only.

The Commonwealth Divisional Returning Officer

for the Division of

Postal Address”

Signature and Address of Sender—

__________

By Authority: H. J. Green, Government Printer, Canberra.